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HF 2455

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 04/04/2014 03:24pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 02/27/2014
1st Engrossment Posted on 04/04/2014

Current Version - 1st Engrossment

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A bill for an act
relating to courts; modifying provisions for court reporters; amending Minnesota
Statutes 2012, sections 486.01; 486.02; 486.05; 486.06; 486.10, subdivisions 2,
3; proposing coding for new law in Minnesota Statutes, chapter 486; repealing
Minnesota Statutes 2012, sections 484.72; 486.055.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2012, section 486.01, is amended to read:


486.01 APPOINTMENT, DUTIES, BOND; SUBSTITUTES.

Each judge, by duplicate orders filed with the court administrator and county auditor
of the several counties of the judge's district, may appoint a competent stenographer as
reporter of the court, to hold office during the judge's pleasure, and to act as the judge's
secretary in all matters pertaining to official duties. deleted text beginSuch reporter shall give bond to the
state in the sum of $2,000, to be approved by the appointing judge, conditioned for the
faithful and impartial discharge of all the reporter's duties, which bond, with the oath of
office, shall be filed with the court administrator in the county in which the judge resides.
deleted text end

Whenever the official reporter so appointed, because of sickness or physical
disability, is temporarily unable to perform duties, the judge of the court affected may, if
another official court reporter is not available, secure for the temporary period of disability
of the official court reporter, another competent reporter to perform such duties for not
to exceed 60 days in any calendar year. The substitute court reporter so appointed shall
receive as salary an amount equal to the salary of the official court reporter for the period
of time involved and shall also receive in addition thereto expenses and fees provided by
sections 486.05 and 486.06. The salary of such substitute reporter shall be paid in the
manner now provided by law for the payment of the salary of the official court reporter.
The substitute court reporter shall not be required to furnish bond, unless ordered by the
judge to do so. The employment of and the compensation paid to such substitute reporter
shall in no way affect or prejudice the employment of and the compensation paid to the
official court reporter of said court.

Sec. 2.

Minnesota Statutes 2012, section 486.02, is amended to read:


486.02 deleted text beginSTENOGRAPHICdeleted text endnew text begin OFFICIALnew text end RECORD.

deleted text begin Except as provided in section 484.72, a competent stenographerdeleted text endnew text begin A court reporter
new text end who meets minimum qualifications promulgated by the Supreme Court, shall deleted text beginmake
deleted text endnew text begin capturenew text end a complete deleted text beginstenographicdeleted text end record of all testimony given and all proceedings had
before the judge upon the trial of issues of fact, with or without a jury, or before any
referee appointed by such judge. In so doing the deleted text beginstenographerdeleted text endnew text begin court reporternew text end shall take
down new text beginor record new text endall questions in the exact language thereof, and all answers thereto
precisely as given by the witness or by the sworn interpreter. The deleted text beginstenographerdeleted text endnew text begin court
reporter
new text end shall also deleted text beginrecord,deleted text endnew text begin capture anew text end verbatimdeleted text begin,deleted text endnew text begin record ofnew text end all objections made, and the
grounds thereof as stated by counsel, all rulings thereon, all exceptions taken, all motions,
orders, and admissions made and the charge to the jury. When directed so to do by the
judge, the deleted text beginstenographerdeleted text endnew text begin court reporternew text end shall deleted text beginmakedeleted text endnew text begin capturenew text end a like record of any other matter
or proceeding, and shall read tonew text begin, play back for, or transcribe fornew text end such judge or referee any
record deleted text beginmadedeleted text endnew text begin capturednew text end by the deleted text beginstenographerdeleted text endnew text begin court reporternew text end, deleted text beginor transcribe the same,deleted text end without
charge, for any purpose in furtherance of justice.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2014, and applies to legal
proceedings commencing on or after that date.
new text end

Sec. 3.

new text begin [486.025] ELECTRONIC RECORDING OF COURT PROCEEDINGS.
new text end

new text begin Subdivision 1. new text end

new text begin Authorization. new text end

new text begin Electronic recording equipment may be used to
record court proceedings. A court reporter shall operate and monitor electronic recording
equipment. At the request of any party to any proceedings, the court may, in its discretion,
require a competent stenographer who meets minimum qualifications promulgated by the
Supreme Court to make a complete stenographic record of the proceedings.
new text end

new text begin Subd. 2. new text end

new text begin Limitations on operation of electronic recording equipment. new text end

new text begin Except as
provided in subdivisions 4 and 5, a court reporter who meets minimum qualifications as
promulgated by the Supreme Court shall make a complete official record of the following
court proceedings:
new text end

new text begin (1) felony and gross misdemeanor offenses;
new text end

new text begin (2) district court jury trials; and
new text end

new text begin (3) contested district court trials and fact-finding hearings.
new text end

new text begin Subd. 3. new text end

new text begin Malfunction of electronic recording. new text end

new text begin If, when electronic recording
equipment is used, a malfunction occurs in the recording process so that the recording is
incomplete, the court may declare a mistrial if the malfunction is discovered during the
trial. If the malfunction is discovered in the course of preparing a transcript after a verdict
has been entered, the court may grant a new trial upon motion of any party.
new text end

new text begin Subd. 4. new text end

new text begin Court reporter unavailability. new text end

new text begin Subject to judicial district reassignment
policies and collective bargaining agreements, if a court reporter is not available to
capture the record of court proceedings, the court may use a person who meets minimum
qualifications as promulgated by the state court administrator to operate electronic
recording equipment.
new text end

new text begin Subd. 5. new text end

new text begin Expedited child support process. new text end

new text begin Hearings and proceedings conducted
in the expedited child support process under section 484.702 may be reported by use of
electronic recording equipment provided that the equipment meets the minimum standards
promulgated by the state court administrator. Electronic recording equipment must be
operated and monitored by a person who meets the minimum qualifications promulgated
by the state court administrator.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2014, and applies to legal
proceedings commencing on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2012, section 486.05, is amended to read:


486.05 DISTRICT COURT; REPORTERS' SALARIES AND EXPENSES.

Subdivision 1.

Salaries.

The salary for each court reporter shall be set deleted text beginannually
by the district administrator
deleted text endnew text begin biennially by agreement of the court reporter collective
bargaining representative and state court administration
new text end within the range established under
section 480.181 as provided in the judicial branch personnel rules.

Subd. 1a.

Expenses.

A court reporter, in addition to a salary, shall be paid necessary
mileage, traveling, and hotel expenses incurred in the discharge of official duties while
absent from the home chambers where the judge the reporter serves is assignednew text begin and any
other expenses agreed to between the court reporter collective bargaining representative
and state court administration
new text end. The expenses are to be paid by the state upon presentation
of a verified itemized statement approved by the judge.

Sec. 5.

Minnesota Statutes 2012, section 486.06, is amended to read:


486.06 CHARGE FOR TRANSCRIPT.

In addition to the salary set in section 486.05, the court reporter may charge for a
transcript of a record ordered by any person other than the judge deleted text begin50 cents per original
folio thereof and ten cents per folio for each manifold or other copy thereof when so
ordered that it can be made with the original transcript
deleted text end. The deleted text beginchief judge of thedeleted text end judicial
deleted text begindistrictdeleted text endnew text begin councilnew text end may by order establish new transcript fee ceilings deleted text beginannuallydeleted text endnew text begin biennially
in odd numbered years
new text end.

A court reporter may impose a fee authorized under this section only if the transcript
is delivered to the person who ordered it within a reasonable time after it was ordered.

Sec. 6.

Minnesota Statutes 2012, section 486.10, subdivision 2, is amended to read:


Subd. 2.

Disclosure; court reporter requirements; objections.

(a) The existence
of a contract or agreement for court reporting services must be disclosed as provided
by this paragraph. Written notice of a contract or agreement must be new text begin(1) new text endincluded in
the notice of taking deposition or the notice of legal proceeding before commencement
of a legal proceeding at which court reporting services are being provideddeleted text begin. Oraldeleted text endnew text begin, and
(2)
new text end disclosure of deleted text begina contract or agreementdeleted text endnew text begin the fee schedulenew text end must be made deleted text beginondeleted text endnew text begin part ofnew text end the
record deleted text beginby the court reporterdeleted text end at the commencement of the legal proceedingnew text begin by the person
providing the notice of the deposition
new text end.

(b) A freelance court reporternew text begin and court reporting firmnew text end:

(1) shall treat all parties to an action equally, providing comparable services new text beginand
charging equal fees
new text endto all parties new text beginexcept that fees may be waived or reduced to low-income
parties
new text end;

(2) may not act as an advocate for any party or act partially to any party to an
action; and

(3) shall comply with all state and federal court rules that govern the activities
of court reporters.

(c) An attorney shall state the reason for the objection to the provision of court
reporting services by a freelance court reporter or court reporting firm and shall note
the objection and the reason on the record.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2014, and applies to legal
proceedings commencing on or after that date.
new text end

Sec. 7.

Minnesota Statutes 2012, section 486.10, subdivision 3, is amended to read:


Subd. 3.

Remedies.

new text beginThrough objection by a party to the proceedings and new text endupon
the court's or presiding officer's deleted text beginlearningdeleted text endnew text begin determinationnew text end of a violation of subdivision 2,
paragraph (a), the court or presiding officer maynew text begin: (1)new text end declare that the record for which the
court reporting services were provided is void and may order that the legal proceeding be
reconductednew text begin; or (2) impose sanctions against the party violating subdivision 2, paragraph
(a), including civil contempt of court, costs, and reasonable attorney fees resulting from
the violation
new text end. new text beginIf the legal proceedings are reconducted, the new text endparties who deleted text beginviolatedeleted text endnew text begin violated
new text end subdivision 2, paragraph (a), are jointly and severally liable for costs associated with
reconducting the legal proceeding and preparing the new record. Costs include, but are not
limited to, attorney, witness, and freelance court reporter appearance and transcript fees.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2014, and applies to legal
proceedings commencing on or after that date.
new text end

Sec. 8. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2012, sections 484.72; and 486.055, new text end new text begin are repealed.
new text end